PUBLISHED : 15 Jun 2025 at 18:22
A policeman uses a breathalyser to test a motorist on Ngam Wong Wan Road in Bangkok in November 2023. (Photo: Nutthawat
Wichieanbut)
An academic has backed the Office of the Attorney-General’s (OAG) new guidelines on drunk driving cases,which enable courts to
confiscate an offender’s vehicle to deter future offences.
The dean of Thammasat University’s faculty of Law, Pokpong Srisanit, welcomed the guidelines, saying drunk driving cases reflect a
clear disregard for the safety and well-being of others, which could be grounds for asset forfeiture.
In criminal law, confiscation of assets can be justified if clear intent is evident, he saeid.
An individual who is aware they are over the legal alcohol limit and still chooses to drive has a clear intention to break the law,
in this very way, their vehicles are eligible for seizure.
Did you know?-Thailand’s legal blood alcohol content (BAC) limit is 0.05% for general drivers and 0.02% for those with
learner’s permits or professional licenses. Penalties for exceeding these limits can include fines, license suspension, and
imprisonment.
“I agree with the court potentially ordering the confiscation of vehicles from drunk drivers as seizure can prevent future
offences,” Mr Pokpong said.
Though, the measure should only be ordered if it is indeed proportional to the crime committed. In France, as an example, seizure of
vehicle is reserved for repeat offenders. It can also be ordered in incidents which resulted in death or severe injuries, he said.
Reader question:-How effective do you believe vehicle confiscation will be in deterring drunk driving compared to other
penalties, such as increased fines or mandatory rehabilitation programs? share your thoughts in the comments.
While he backed the OAG’s guidelines, Mr Pokpong said the measure will lose its deterrent effect if it isn’t consistently enforced
consequently of corruption.
“The key is not heavier penalties but consistent and strict enforcement,” he said,
Mr pokpong added that mandating police to wear cameras at checkpoints would foster openness.
In cases where borrowed vehicles are involved, owners who are unaware that their vehicles were used by a drunk driver can reclaim
their vehicle, but those who knowingly lent their vehicle to an intoxicated driver shouldn’t be allowed to do so, he said.
Deputy government spokesman Karom Phonpornklang said the guidelines instruct prosecutors to consider pursuing the charge of
reckless driving without regard for others’ safety,as outlined under Section 43 of the Land Traffic Act,in drunk driving cases.
Beyond Confiscation: Strengthening Thailand’s Fight Against Drunk Driving
The recent guidelines from the Office of the Attorney-general (OAG),as discussed,mark a significant step in Thailand’s ongoing battle against drunk driving. But what else can be done to enhance road safety? While vehicle confiscation, as Dean Pokpong Srisanit of Thammasat University’s faculty of law suggests, can be a useful deterrent, a multi-pronged approach might prove even more effective. This includes consistent enforcement, public education, and, perhaps, a closer look at rehabilitation programs.
The primary goal, of course, is to reduce the number of alcohol-related traffic incidents and save lives. Mr. Karom phonpornklang, the Deputy government spokesman, highlighted the instruction to pursue reckless driving charges as an important tactic. Tho, a more holistic approach could yield even better results.
The Power of Consistent Enforcement
As Mr. Pokpong correctly pointed out, consistently enforcing existing laws is crucial. Even the strictest penalties become ineffective if not applied fairly and regularly. This means:
- Increased Police Presence: More traffic checkpoints, especially during peak drinking hours.
- Random Breathalyzer Tests: Regular, unpredictable checks to deter potential offenders.
- Use of Technology: Mr. Pokpong emphasized the importance of police body cameras, and the use of this technology to capture evidence and reduce allegations of corruption.
Public Education: Changing Attitudes
Beyond strict enforcement, changing cultural attitudes toward drinking and driving is essential.Comprehensive public awareness campaigns could:
- Highlight the Risks: Emphasize the dangers of drinking and driving in emotionally compelling and easily understood ways.
- Promote Alternatives: Encourage the use of taxis,ride-sharing services,or designated drivers.
- Address Social Norms: Challenge the perception that drinking and driving is acceptable.
These measures,working in conjunction,can create a societal shift,making drunk driving less socially acceptable.
Focus on Rehabilitation Programs
While punishment is important, rehabilitation programs can address the root causes of drunk driving. These programs could encompass:
- Mandatory Alcohol Awareness Courses: Educational programs designed to inform offenders about the effects of alcohol and the dangers of drunk driving.
- Substance Abuse Counseling: Providing support and treatment for individuals struggling with alcohol dependence.
- Community Service: Allowing offenders to see the impact of drunken driving up-close.
These rehabilitation programs can help individuals overcome their issues with alcohol and become safer drivers.
Myths vs. Facts About Drunk Driving Penalties
There are common misconceptions about the effectiveness of various penalties. Here’s a look at some myths versus facts:
| Myth | Fact |
|---|---|
| Heavier fines alone deter drunk driving. | While fines are a deterrent, consistent enforcement and public perception of the severity of the crime is also critically important. |
| Vehicle confiscation is always the most effective punishment. | Confiscation can be a strong deterrent, especially for repeat offenders, but enforcement and education are also vital. |
| Rehabilitation programs are a waste of resources. | Rehabilitation programs are often incredibly effective, since they help address the root causes of the problem and promote behavioral changes. |
consistent enforcement is key to deterring drunk driving in Thailand, alongside public education and the request of rehabilitation programs. These measures can substantially reduce the number of incidents, injuries, and fatalities associated with alcohol-impaired driving.
If enforced consistently and fairly, vehicle confiscation can be a very useful tool for deterring repeat offenders. However, to truly curb the problem, a combined strategy that addresses the problem from several angles is needed.
Frequently Asked Questions (FAQs)
Here are some common questions about drunk driving penalties:
Q: Will vehicle confiscation alone solve the drunk driving problem?
A: No,vehicle confiscation is one tool,but it is most effective when used in conjunction with consistent enforcement,public awareness campaigns,and rehabilitation programs.
Q: What if I’m caught driving under the influence, but I’m not an everyday drinker?
A: Penalties vary, which include fines, license suspension, and even imprisonment.The severity will be partially based on the amount of alcohol in your system.
Q: How can I help prevent drunk driving?
A: Always designate a driver, utilize ride-sharing services, or take a taxi if you plan to drink. Speak out against drunk driving and support public awareness campaigns.
Q: What role do prosecutors play in drunk driving cases?
A: prosecutors decide which charges to file and whether to pursue asset forfeiture, such as vehicle confiscation, based on the evidence and the specific circumstances of each case.
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